Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
The authority for adoption by reference of a fire prevention code is set forth in R.S. 40:49-5.1-3.
Pursuant to the State Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., the Fire Prevention Code shall be the New Jersey State Fire Prevention Code Repeal and New Rules R1992 d. 105 March 2, 1992, including all revisions and amendments promulgated in regulations by the New Jersey Commissioner of Community Affairs, except as herein amended or deleted. One copy of the fire prevention code is on file in the office of the township clerk.
The fire prevention code prescribes minimum requirements and controls the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises, with the exception of owner-occupied one- and two-family dwellings.
Pursuant to N.J.S.A. 52:27D-202 of the Uniform Fire Safety Act, the fire prevention code shall be locally enforced throughout the township.
The local enforcing agency shall be the township fire prevention bureau. The bureau shall consist of the chiefs of the fire companies or their designees, the chief of police or his/her designee, the construction official or his/her designee and the fire official/marshal or his/her designee. The fire official/marshal shall serve as the chief administrator of the local enforcing agency (LEA).
The fire prevention bureau shall enforce the State Uniform Fire Safety Act and regulations promulgated pursuant thereto and the State fire prevention code in all structures and premises, except one- and two-family dwellings and multi-family dwellings, provided that common areas, storage and mechanical areas and other areas not used as dwellings in multi-family structures shall also be subject to inspection. Inspections shall be made as often as necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause a fire, or any violations of the provisions of the State fire prevention code or any other ordinance affecting fire hazards. The fire official/marshal or other certified fire inspectors shall inspect each structure covered by this subsection at least annually or as the code requires.
The fire prevention bureau shall conduct the inspections of life hazard uses required by the State fire prevention code on behalf of the New Jersey Commissioner of Community Affairs.
The fire prevention bureau shall enforce the requirements for a certificate of smoke detector and carbon monoxide alarm compliance contained in N.J.A.C. 5:70-2.3 and collect the flat application fees of $50 for all inspections and $25 for all reinspections. Copies of these regulations are available at the municipal clerk's office and the fire prevention bureau.
The fire prevention bureau shall enforce the requirements for at least one portable fire extinguisher contained in N.J.S.A. 52:27D-198.1 as amended from time to time. A copy of this State statute is available at the municipal clerk's office and the fire prevention bureau.
The fire prevention bureau shall be a part of the department of inspections. The fire official/marshal shall serve as the administrator of the fire prevention bureau, subject to the direction and supervision of the construction code official and the township manager. He/She shall establish the day-to-day operating routines of the fire prevention bureau and shall coordinate the activities of the fire inspectors.
a. 
The township manager shall appoint a fire official/marshal qualified by experience, education, and certification in accordance with N.J.A.C. 5:18A-4;
b. 
The fire official/marshal shall serve as technical advisor and administrator to the fire prevention bureau. He/She shall have the authority, as may be necessary in the interest of public safety, health and general welfare, to establish rules and regulations, to interpret and enforce the provisions of the State Fire Prevention Code, and to determine special requirements applicable because of climatic or other conditions, but no such rules shall have the effect of waiving any fire safety requirements specifically provided in the State Fire Prevention Code, or violating accepted engineering practice involving public safety.
Such certified fire inspectors and employees as may be necessary in the fire prevention bureau shall be appointed by and subject to removal by the township manager as provided in subsection 2-3.4 and section 4-1 and the Personal Code promulgated pursuant thereto.
The township attorney, appointed by the township council pursuant to subsection 2-3.14, shall serve as legal counsel to the fire prevention bureau.
All permits required under the Uniform Fire Safety Act and such other permits that may be required by law shall be obtained annually. Failure to obtain a permit, pay the appropriate fee for a permit, or the performance of construction without an appropriate permit shall constitute a violation of this chapter.
The fees for permits issued by the fire prevention bureau pursuant to the State Fire Prevention Code shall be as stated in the Uniform Fire Prevention Code, subchapter 2, as amended from time to time.
The fees for all other inspections and permits issued by the fire prevention bureau shall be as follows:
a. 
Each occupant 0-1,000 sq. ft.: $50 per floor.
b. 
Each occupant 1,001-2,000 sq. ft.: $75 per floor.
c. 
Each occupant 2,001-2,500 sq. ft.: $100 per floor.
d. 
Each occupant 2,501-4,000 sq. ft.: $150 per floor.
e. 
Each occupant 4,001-7,500 sq. ft.: $200 per floor.
f. 
Each occupant 7,501-10,000 sq. ft.: $300 per floor.
g. 
Each occupant 10,001- 20,000 sq. ft.: $400 per floor.
h. 
Each occupant 20,001 or more sq. ft.: $500 per floor.
i. 
Common Areas. In multiple-family units (such as apartment buildings and condominiums) shall be inspected as often as necessary to enforce the Fire Safety Code at a fee of $75 per building.
j. 
Waivers. The following users shall be exempt from local permit and registration fees; however, they shall be required to properly apply for such permits and registration and comply with all other code requirements:
1. 
East Windsor Volunteer Fire Companies No. 1 & 2.
2. 
East Windsor Volunteer First Aid Squads No. 1 & 2.
3. 
East Windsor Township Municipal Building, Public Works Garages, Park Buildings and Senior Center.
4. 
East Windsor Township Police/Court.
5. 
Places of Worship.
6. 
Boy Scouts and Girl Scouts.
Occupant as defined herein shall be building owners and tenants of all businesses, professions, occupying a building, structure or premises, regardless of use, it being the intent that it is the responsibility of each business within a building to register and have its premises inspected. Each business includes any corporations, partnerships or any other form of business entity.
Authority is hereby vested in the fire official/marshal, the chief of police and the district chief fire officer of the fire company jointly to establish and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire, police and other emergency apparatus and to assure unimpaired access to all parts of buildings and parking areas as necessary for public safety pursuant to the following standards.
a. 
For the purpose of this section a shopping center is defined as a building or group of contiguous buildings, the total gross floor area of which is over 20,000 square feet. Such buildings shall be deemed a shopping center for purposes of this chapter when they are on a single lot or on contiguous lots but have common ingress and/or egress and/or parking areas.
b. 
Established and designated fire emergency lanes in shopping centers shall provide for:
1. 
A lane of up to 35 feet in width running entirely across any side of any building, which side is used for public ingress and egress; and
2. 
A lane of not less than 18 nor more than 36 feet along all other sides of any building, except that no loading dock shall be included within any fire lane.
3. 
The width of all fire lanes shall be determined within the standards set forth herein by examination of the fire and rescue needs of the specific building to be protected.
c. 
The fire official/marshal shall, in addition, after consulting with the chief of police and district chief fire officer of the fire company, designate other fire lane areas solely for the purpose of providing ingress and egress for fire, police and other emergency apparatus.
d. 
Fire lanes as required herein shall be installed and marked by the property owner pursuant to duly promulgated township design standards and shall be installed and maintained by the property owner under the direction of the fire official/marshal.
Wherever any premises subject to inspection pursuant to section 14-6 hereof are deemed to require unimpeded fire and public safety access through establishment of fire lanes, the fire official/marshal and the chief of police may designate fire lanes in those locations deemed necessary for public safety and welfare. The purpose of these lanes shall be unimpaired ingress and egress to the building or buildings as well as the public or private parking areas in and around such building or buildings for fire, police and other emergency apparatus. The fire lanes shall be designated pursuant to duly promulgated township design standards and installed and maintained by the property owner under the direction of the fire official/marshal.
No person shall park, leave standing or cause to be parked any vehicle in any of the aforementioned lanes or cause any other obstruction in the areas designated as fire lanes, except that a vehicle may be in a fire lane at the moment of discharging or picking up passengers, providing the motor remains running and the driver remains at the wheel.
The police department shall enforce subsection 14-8.3 of this section.
Any person found guilty of violating the provisions of subsection 14-8.3 shall be liable to a fine of not less than $10 nor more than $250 and court costs involved.
No person or persons shall make or cause to be made any open fire or bonfire of any kind or burn any type of combustible material whatsoever in the Township of East Windsor, except for cooking purposes, indoor fireplaces, incinerators, furnaces, or wood/coal burning stoves, unless approved by the fire official/marshal or his/her designee or as otherwise permitted by regulations promulgated by the State of New Jersey.
[1]
Editor's Note: Former subsections 14-9.2, Violations and Penalties and 14-10.2, Violations and Penalties previously codified herein, were repealed in their entirety by Ordinance No. 2006-14. See section 5-8 for penalty provisions.
Barbecue grills shall not be located for use on any porch, balcony, or any portion of a building within any room or space of a building, within five feet of any combustible wall or within five feet vertically or horizontally of any opening in any wall, unless:
a. 
It is a natural gas barbecue grill connected by permanent fixture and piping. The installation of the gas grill shall have a permit issued and inspected by the township code enforcement department prior to its use and shall be maintained in a safe condition at all times.
b. 
It is a portable electrical barbecue grill of standard manufacture approved by a nationally recognized testing agency.
EXCEPTION: One- and two-family structures.
[1]
Editor's Note: Former subsections 14-9.2, Violations and Penalties and 14-10.2, Violations and Penalties previously codified herein, were repealed in their entirety by Ordinance No. 2006-14. See section 5-8 for penalty provisions.
Appeals from decisions, orders or notices made pursuant to the provisions of this chapter shall be made to the County Construction Board of Appeals in accordance with the provisions of N.J.S.A. 52:27D-127 of the State Uniform Construction Code Act.
Before any one- or two-family structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide alarm compliance, evidencing compliance with N.J.A.C. 5:70-4.19 and a certificate evidencing compliance with N.J.S.A. 52:27D-198.1 requiring a portable fire extinguisher. A copy of this regulation and State statute are available at the municipal clerk's office and the fire prevention bureau.
Any reinspection for smoke detectors and carbon monoxide alarms or portable fire extinguisher shall require an additional fee of $25.
Any owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section shall be subject to a fine of not more than $500 in the case of a violation for a smoke detector and carbon monoxide alarm device or a fine of not more than $100 in the case of a violation for a portable fire extinguisher enforceable in municipal court or any court of competent jurisdiction.